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June 23, 2011

The federal lawsuit was dismissed by the court.

ORDER

JUDGMENT


January 21, 2011

Ted D. Lee and Jerelene W. Lee filed a civil lawsuit in Federal Court.

Plaintiffs' Original Complaint

Defendant Garcia's Answer to Plaintiffs' Original Complaint


City of San Antonio Zoning Case Number Z2008193

City Council voted to deny this zoning case on February 19, 2009.

City Council Voting Results
February 19, 2009; 7:01 p.m.
Motion to Deny: Passed

Voter Group Not Present Yea Nay Abstain Motion Second
Phil Hardberger Mayor       X    
Mary Alice P. Cisneros District 1   X        
Sheila D. McNeil District 2 X          
Jennifer V. Ramos District 3   X        
Philip A. Cortez District 4   X       X
Lourdes Galvan District 5   X        
Delicia Herrera District 6   X        
Justin Rodriguez District 7 X          
Diane G. Cibrian District 8   X     X  
Louis E. Rowe District 9 X          
John G. Clamp District 10     X      

Click here for a printable copy.
 


Background

  •  February 9, 2007 the subject property was deeded to Ted D. Lee and wife Jerelene W. Lee.

  •  May 30, 2008 Ted Lee, one of the owners of the subject property, through his attorneys with the law firm of Brown & Ortiz, P.C., file an application with the City of San Antonio to have the subject property rezoned from “R-20” to “R-6”. The subject property is comprised of two (2) parcels of land, one (1) parcel that is comprised of four (4) vacant lots and the other parcel is one (1) lot, which is already developed.

  •  September 9, 2008 the applicant amended the original application to include a letter of authorization from both owners of the subject property, Ted Lee and his wife, Jerelene Lee; said letter was dated June 25, 2008 but not submitted to the city until September 9th. The amendment also corrected misstatements of material fact regarding the subject property.

  •  October 8, 2008 at the insistence of Councilwoman Cibrian, the applicant held a neighborhood meeting with the property owners that are within 200 feet of the subject property. All of the neighboring property owners in attendance, without exception, were opposed to the proposed zoning change.

  •  October 29, 2008 the applicant once again amended the zoning application by dropping the one (1) developed lot and requesting a zoning change for the remaining four (4) lots of “PUD R-6” rather than the previously requested “R-6”. Additionally the applicant requested that the case be moved forward and placed on the next available Zoning Commission Hearing schedule.

  •  November 25, 2008 - City Zoning Staff recommendation: Denial
    The zoning case as been assigned to the December 2, 2008 Zoning Commission Hearing.

  •  December 2, 2008 - The case was heard by the Zoning Commission and has been continued to the December 16, 2008 Zoning Commission Hearing.

  •  December 16, 2008 - The Zoning Commission voted unanimously for denial with one abstention.

  •  December 18, 2008 - The applicant has requested that this case not be moved forward to City Council at this time.

  •  December 29, 2008 - The property owner and applicant have requested that this case be placed on the February 19th City Council agenda.

  •  February 19, 2009 - City Council voted to deny this zoning case.

  •  January 21, 2011 - Ted Lee and Jerelene Lee fill a civil lawsuit in Federal Court.

  •  June 23, 2011 - The federal lawsuit was dismissed by the court.


Mission Statement

  •  To maintain the integrity and character of our established neighborhoods: Beverly Hills, Dreamland Oaks, and Whispering Oaks subdivisions.

Subject Property - part of the Beverly Hills subdivision

The subject property is highlighted in blue.

11327 Dreamland is comprised of lots 1 through 4, which is 3.4320 acres.

The current zoning for Lots 1 through 4 is "R-20", which is large lot single family residential with a lot size of at least 20,000 square feet and a maximum density of 2 units per acre.

  •  Currently Ted Lee can build up to 6 homes on the subject property.

The proposed zoning change is asking for "PUD R-6", which is single family residential with a lot size of at least 6,000 square feet and a maximum density of 5 units per acre.

  •  Ted Lee is asking the city to allow him to build up to 17 homes on the subject property.

Surface Hydrology

Elevation 2ft Contour Map

The above topographical map shows the elevation marked at 2 feet intervals.  The eastern most part of the subject property, the corner at Dreamland and Lockhill-Selma Rd, is also the highest elevation at just over 920 feet above sea level. The western most part of the subject property is at 898 feet above sea level. That is a drop of over 22 feet and shows just how storm water runoff flows onto the neighboring properties in the Beverly Hills and Whispering Oaks subdivisions!


 

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Last modified: 29-Jun-2011